Library 


of Congress. 


UNITED STATES OF AMERICA. 


Chap.- 
Shelf _ 


lS7S 



.^rvCWv ^tA^^^ts*- , S-6LW-3 ^f^X^Ax^ *&?> 



AN ACT 

4^ 



TO 



ALTER AND AMEND 

THE 

V 



CHOOL 1-i.A. 



OF 



SOUTH CAROLINA, 



APPROVED MARCH 22, 1878. 



PREPARED AND PUBLISHED IN PURSUANCE OF LAW UNDER THE DIRECTION OF 

HUGH S. THOMPSON, 

State Superintendent of Education. 



COLUMBIA, S. C. 

Calvo & Patton, State Printers. 
1878. 



.Sr 

/8 7f 



AN ACT 



TO 



TO ALTER AltTID AZMHEHSTTD 



II LAW OF son cm 



1U1I 



Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the State of South Carolina, now met and sitting in 
General Assembly, and by the authority of the same, That the 
State Superintendent of Education and four (4) persons to be s t uP f|4™*" 
appointed by the Governor, by and with the advice and consent of ^ on and state 
the Senate, who shall hold office for two years and until their sue- aminers. 
cessors may be appointed, unless sooner removed by the Governor, 
shall constitute the State Board of Examiners. Of this Board the 
State Superintendent c Education shall be ex officio Chairman. 
The clerk of the State perintendent of Education, as hereinafter 
provided for, shall be erk of the State Board of Examiners. He 
shall be custodian 'of & records, papers and effects, and shall keep 
minutes of its proc lings; and said records, papers and minutes 
shall be kept in tl. office of the State Superintendent of Education 
and shall be open to inspection. 

Sec. 2. That the said Board shall meet on the call of its Chair- 
man, or upon the request of a majority of its members, at the office 
of the State Superintendent of Education, or at such other place as 
may be designated in the call. A majority of the Board shall con- 
stitute a quorum for transacting business. 

Sec. 3. That the official seal of the State Superintendent of Edu- 
cation shall be used for the authentication of the acts of the State 
Board of Examiners. 



Board to neet. 



Official s 



Sec. 4. That the State Board of Examiners shall constitute an 

e Super- advisory body with whom the State Superintendent of Education 

| itjon to shall have the right to consult when he is in doubt as to his official 

Board! 1 W1 , duty; and shall have power to review all decisions of the County 

Boards of Examiners, as hereinafter provided for. Appeals to the 

State Board of Examiners must be made through the County Boards 

of Examiners in writing and must distinctly set forth the question 

of law as well as the facts of the case upon which the appeal is 

taken, and the decision of the State Board shall be final upon the 

matter in issue. 

Power of Sec. 5. That the State Board of Examiners shall have power: 
Board. r 

1st. To adopt rules and regulations not inconsistent with the laws 

of the State for its own government and for the government of the 

free public schools. 

Jo prescribe 2d. To prescribe and enforce rules for the examination of 

rufes. A 

teachers. 

3d. To prescribe a standard of proficiency before County Boards 
of Examiners which will entitle persons examined by such Boards 
to certificates as teachers. 

4th. To prescribe and enforce the course of study -in the free 
public schools. 
To prescribe 5th. To prescribe and to enforce as far as practicable the use of 
books. ' a uniform series of text books in the free public schools, except in 

the city of Charleston: Provided, That the State Board of Ex- 
aminers shall not have power without permission of the General 
Assembly of the State to change a text book within five (5) years 
from the date of its adoption. 
grant 6th. To grant teachers' State certificates, and to revoke them for 
\tifiLtes. Cer immoral or unprofessional conduct, profanity or evident unfitness 
for teaching. 

7th. To review on appeal an order revoking a County certificate. 
Time for ex- Sec. 6. That the State Board of Examiners shall, during the 
c;int" ug:i11 ' ' fi'" s t week in May and the first week in September of each year, 
and at such other times as may be necessary, examine all persons 
who may make application as to their qualification for teaching 
school in this State; and that to every person of good moral char- 
acter who passes a satisfactory examination the Board shall issue 
a certificate of qualification, to be signed by its Chairman, which 
certificate shall authorize the person to whom it is given to teach 
in any of the free public schools of this State in which his or her 
services may be desired by the Trustees of the school in which he 
or she may make application to teach, without further evidence of 



qualification. Said certificates shall be valid for the term of two 
(2) years, unless sooner revoked, and they may be renewed with or 
without examination at the discretion of the State Board of Exam- 
iners. Notice of the meetings provided for in this Section shall be 
given in at least two daily newspapers published in this State. 

Sec. 7. That a State Superintendent of Education shall be elected 
at each general election in the same manner as other State officers, 
who shall enter upon the duties of his office at the time prescribed 
by law. 

Sec. 8. That he shall, before entering upon the duties of his 
office, give bond for the use of the State of South Carolina in the 
penal sum of five thousand (5,000) dollars, with good and sufficient 
sureties, to be approved by the Governor, conditioned for the faith- 
ful and impartial performance of the duties of his office; and he 
shall, also, at the time of giving bond, take and subscribe the oath 
prescribed in Section 30 of Article II of the Constitution of the 
State, which oath shall be endorsed upon the back of said bond, 
and the bond shall be filed with and preserved by the Secretary of 
State. 

Sec. 9. That the State Superintendent of Education shall receive 
as compensation for his services the sum of two thousand dollars 
per annum, payable monthly out of the State Treasury. 

Sec. 10. That he shall have general supervision over all the free 
public schools of the State, and it shall be his duty to visit every 
County in the State, for the purpose of inspecting the schools, 
awakening an interest favorable to the cause of education, and 
diffusing as widely as possible by public addresses and personal 
communication with school officers, teachers and parents, a knowl- 
edge of existing defects and of desirable improvements in the gov- 
ernment and instruction of the said schools. 

Sec. 11. That he shall secure, by and with the advice of the 
State Board of Examiners, uniformity in the use of text books 
throughout the free public schools of the State, and shall forbid 
the use of sectarian or partisan book3 and instruction in said 
schools. 

Sec. 12. That he shall prepare and transmit to the several County 
School Commissioners school registers, blank certificates, reports 
and such other suitable blanks, forms and printed instructions as 
may be necessary to aid school officers and teachers in making their 
reports and carrying into full effect the various provisions of the 
school laws of this State; and shall cause the laws relating to the 
free public schools, with such yules, regulation^ forms and tnstrue* 



Notice to be 
riven. 



Election of 
State Superin- 
tendent of 
Education. 



Bond of Su- 
perintendent 
of Education. 



Compensa- 



T o have 
general super- 
vision. 



Uniformi ty 
of books. 



To prepare 
blanks, &c. 



To 

books, 

<&c. 



collect 
maps, 



To make s 
nual report. 



tions as shall be legally prescribed, to be printed, together with a 
suitable index, in pamphlet form, by the person authorized to do 
the State printing, at the expense of the State; and he shall cause 
copies of the same to be transmitted to the several County School 
Commissioners for distribution. 

Sec. 13. That it shall be the duty of the State Superintendent of 
Education to collect in his office such school books, apparatus, 
maps and charts as can be obtained. 

Sec. 14. That copies of all papers filed in the office of the State 
Superintendent of Education and his official acts may be certified 
by him, and when so certified shall be evidence equally and in like 
manner as the original papers. 

Sec. 15. That the State Superintendent of Education shall 
submit in his annual report a statement of his official visits during 
the past year. 

Sec. 16. That he shall make a report through the Governor to 
the General Assembly at each regular session thereof, showing : 

1st. The whole number of persons that attended the free com- 
mon schools of the State during the year ending the thirty-first day 
of the last preceding August, and the number in each County that 
attended during the same period. 

2d. The number of whites of each sex that attended the said 
schools, and the number of colored of each sex that attended the 
said schools. 

3d. The number of free public schools in the State. 

4th. The number of pupils that studied each of the branches 
taught. 

5th. The average wages paid to teachers of each sex. 

6th. The number of school houses erected during the year, and 
the location, material and cost thereof. 

7th. The number previously erected, the material of their con- 
struction, their condition and value, and the number with the 
grounds enclosed. 

8th. The Counties in which teachers' institutes were held and 
the number that attended the institutes in each County. 

9th. Such other statistical information as he may deem impor- 
tant, together with such plans as he may have matured and the 
State Board of Examiners may have recommended for the manage- 
ment and improvement of the school fund, and for the more perfect 
organization and efficiency of the free public schools. 

10th. The number and cost of books furnished to each County 
School Commissioner. 



Sec. 17. That the sum of nine hundred dollars be allowed to the 
Superintendent of Education for the purpose of defraying the 
expenses of clerk hire in his office. 

Sec. 18. That the State Superintendent of Education shall take 
and hold in trust for the State any grant or devise of lands and 
any gift or bequest of money or other personal property made to 
him for educational purposes, and shall pay into the State Trea- 
sury, for safe keeping and investment, all moneys and incomes 
from property so received. The State Treasurer shall from time to 
time invest all such money in the name of the State, and shall pay 
to the State Superintendent of Education, on the warrant of the 
Comptroller General, the income or principal thereof as he shall 
from time to time require: Provided, That no disposition shall be 
made of any grant, devise, gift or bequest inconsistent with the 
conditions or terms thereof. For the faithful management of all 
property so received by the State Treasurer, he shall be responsible, 
upon his bond, to the State as for other funds received by him iu 
his official capacity : Provided, however, That the Trustees of any 
school district of this State may take and hold in trust for their 
particular school district any grantor devise of lands, and any gift 
or bequest of money, and apply the same in the interest of the 
schools of their district in such manner as, in their judgment, 
seems most conducive to the welfare of the schools, when not other- 
wise directed by the terms of the said grant or devise, gift or 
bequest: And provided, further, That before said Trustees shall 
assume control of any such grant, devise or bequest they shall give 
a bond, to be approved by the Board of Examiners of the County 
in which such grant, devise or bequest is made, said bond to be 
deposited with the Clerk of the Court of said County. The said 
Trustees are hereby invested with the care and custody of all 
school houses, sites or other property belonging to the State Super- 
intendent of Education within the limits of their jurisdiction, with 
full power to control the same in such manner as they may think 
will best subserve the interest of the free public schools and the 
cause of education, subject to the control of the State Superintend- 
ent of Education. 

Sec. 19. That the State Superintendent of Education shall dis- 
charge such other duties as may be provided by law; and he shall 
deliver to his successor, within ten days after the expiration of his 
term of office, all books, papers, documents and other property be- 
longing to his office. 



Clerk hire, 



Power to 
hold in trust 
for State 



Trustees to 
hold in their 
particular dis- 
tricts. 



Bond to 
given. 



be 



To deliver to 
successor all 
books, &c. 



Vacancy W 
be filled by 
Governor. 



School Corn- 
missioner. 



Oath to be 
taken. 



Duty of 

County School 
Commissioner. 



To acquaint 
himself with 
toudition, &c, 
of each school. 



Sec. 20. That in case of vacancy in the office of State Superin- 
tendent of Education, or his failure to qualify, the Governor shall 
appoint, with the advice and consent of the Senate, a person to fill 
such vacancy, who shall qualify within fifteen days after his ap- 
pointment, and shall continue in office until the next ensuing 
general election ; and should the person so appointed fail to qualify 
within the time specified, such failure shall create a vacancy. 

Sec. 21. That there shall be elected in each County, at each 
general election, a School Commissioner, who shall hold his office 
until his successor is elected and qualified. He shall, before enter- 
ing upon the duties of his office, give bond to the State, for the use 
of the County in which he is elected, for educational purposes, in 
the penal sum of one thousand dollars, with good and sufficient 
sureties, to be approved by the County Commissioners, conditioned 
for the faithful and impartial discharge of the duties of his office. 

Sec. 22. That on or before the first day of January next succeed- 
ing the date of his election, he shall take and subscribe the oath of 
office prescribed in Section 30, Article II, of the Constitution of 
this State, which oath he shall file in the office of the Clerk of the 
Court of the County in which he was elected, and shall immedi- 
ately enter upon the discharge of his duties; and upon his failure 
so to do, or if for any other cause there should be a vacancy in the 
office, the Governor shall appoint a person to fill such vacancy, who 
shall qualify within fifteen days after his appointment, and shall 
continue in office until the time prescribed for filling said office by 
election, as herein provided ; and should the person so appointed 
fail to qualify within the time specified, such failure shall create a 
vacancy. 

Sec. 23. That it shall be the duty of each County School Com- 
missioner to visit the schools in his jurisdiction as often as may be 
practicable, and to note the course and method of instruction and 
the branches taught, and to give such recommendation in the art 
of teaching and the method thereof, in each school, as shall be ne- 
cessary and expedient, so that uniformity in the course of studies 
and method of instruction employed shall be secured, as far as 
practicable, in the schools of the several grades respectively. He 
shall acquaint himself, as far as practicable, with the character and 
condition of each school, noting any deficiencies that may exist, 
either in the government of the school or the classification of its 
pupils, or the method of instruction employed in the several 
branches, and shall make such suggestions, in private, to the teach- 
ers as to him shall appear necessary to the good order of the school 



and the progress of the pupils. He shall note the character and 
condition of the school houses, the sufficiency or insufficiency of the 
furniture, and shall make such suggestions to the several District 
Boards as, in his opinion, shall seem conducive to the comfort and 
progress of the several schools. It shall be the duty of each County 
School Commissioner to aid the teachers in all proper efforts to im- 
prove themselves in their profession. For this purpose he shall 
encourage the formation of associations of teachers for common 
improvement. He shall attend the meetings of such associations 
and give such advice and instruction in regard to their conduct and 
management as in his judgment will contribute to their greater 
efficiency. 

Sec. 24. That he shall, on or before the first day of October, 
each year, forward to the State Superintendent of Education an on 1st October, 
extended report, containing an abstract of the reports made to him 
by the various school officers and teachers in his County, and 
showing the condition of the schools under his charge, suggesting 
such improvements in the school system as he may deem useful, 
and giving such other information in regard to the practical opera- 
tion of the free public schools and laws relating thereto as may be 
deemed of public interest. He shall also include in his report such 
other matters as he shall be directed to report by the State Super- 
intendent of Education. 

Sec. 25. That should he fail to make the annual report required Penalty for 

n 6 sr 1 6 c t to 

in the preceding Section, he shall forfeit to the school fund of his make report. 
County one-fourth of his compensation for that year. 

Sec. 26. That he shall at all times conform to the instructions of m , 

. To be under 

the State Superintendent of Education as to matters within the tne Superin- 

■ t • . tendentof 

jurisdiction of said Superintendent. He shall serve as the organ of Education. 
communication between the said State Superintendent and school 
authorities. He shall transmit to school officers or teachers all 
blanks, circulars and other communications which are to them 
directed. 

Sec. 27. That he shall annually, on the first day of February, Apportion- 
or as soon as practicable thereafter, apportion the income of the fund. & ° °° 
County school fund among the several school districts of his 
County in proportion to the average number of pupils attending 
the free public schools in each district, and he shall certify such 
apportionment to the County Treasurer. 

Sec. 28. That each County School Commissioner shall receive Compensa- 
such compensation as the County Board of Examiners, as herein- s^oof c°o m - 
after provided for, may allow him, not to exceed three dollars a m i s sioner. 



10 



Accounts 
be audited. 



Compensation 
not allowed for 
more than two 
hundred days, 
except in 
Charleston, 
and there three 
hundred days. 



Duty of Board 
of Examiners. 



Term of office. 



day, to be determined by the County Board of Examiners, for each 
day actually employed in the discharge of his official duties. His 
claim for services shall be presented in the form of an account 
against the County Board of Examiners, and shall be verified by 
affidavit to the effect that said account is just and true, that the 
service therein named was honestly and faithfully rendered, and 
that the sum therein claimed is rightfully due and remains unpaid. 
When said account shall have been duly audited and approved by 
the County Board of Examiners, it shall be filed with the County 
Treasurer, who shall pay the same ratably out of the funds appor- 
tioned to the several school districts in proportion to the average 
number of children attending the free public schools in each school 
district: Provided, That the County Board of Examiners shall 
determine the number of days in each year in which said County 
School Commissioner may labor in the performance of the duties 
required of him: Provided, further, That the number of days in 
each and every year for which said compensation shall be allowed 
shall in no case exceed two hundred days, except in Charleston 
County, where the number of days shall not exceed three hundred. 
In deciding the number of days for which each County School 
Commissioner shall be allowed compensation in each and every 
year, and in making the assessment on each school district, as pro- 
vided for in this Section, the County Auditor shall, as a member of 
the Board, act in place of the County School Commissioner; and it 
shall be the duty of said County Board of Examiners to certify to 
the County Treasurer the amount assessed on each school district. 

Sec. 29. That it shall be the duty of the County Boards of 
Examiners and of the Boards of Trustees, as hereinafter provided 
for, to see that in every school under their care there shall be 
taught, as far as practicable, orthography, reading, writing, arith- 
metic, geography, English grammar, history of the United States 
and of this State, the principles of the Constitution and laws of the 
United States and of this State, morals and good behavior. 

Sec. 30. That there shall be in each County a Board of Exam- 
iners, composed of the County School Commissioner (who shall, ex 
officio, be Chairman,) and two other members who shall be 
appointed by the State Board of Examiners and shall hold office 
for the term of two years from the time of their appointment and 
until their successors shall be qualified, unless sooner removed by 
the State Board of Examiners; but no person shall be appointed a 
member of the County Board of Examiners who is not competent 



11 

to teach a first grade school. It shall be the duty of the County 

Board of Examiners to examine all candidates for the profession of To examine 

teacher, and to give to each person found qualified a certificate can 1 a es " 

setting forth the branches of learning he or she may be capable of 

teaching, such examination to be renewed every year; and no 

teacher shall be employed in any of the free public schools without 

a certificate from the County Board of Examiners or the State 

Board of Examiners. 

Sec. 31. That the County Board of Examiners shall meet at 

. , Shall meet 

least twice a year, at such places and at such times as the County twice a year. 
School Commissioner shall appoint ; that the County School Com- 
missioner shall be Chairman and Clerk of the Board, and shall 
keep a fair record of their proceedings, and a register of the name, 
age, sex, color, residence and date of certificate of each person to 
whom a certificate is issued, and in case a certificate be canceled 
shall make a proper entry of the same ; and the said Board shall 
have power to revoke any certificate granted by them, for immoral 
or unprofessional conduct or evident unfitness for teaching. 

Sec. 32. That the County Board of Examiners shall constitute 
an advisory body with whom the County School Commissioner 
shall have the right to consult when he is in doubt as to his official 
duty, and also a tribunal for hearing and determining any matter 
of local controversy in reference to the construction or administra- 
tion of the school laws, with power to summon witnesses and take 
testimony if necessary, and when they have made a decision said 
decision shall be binding upon the parties to the controversy : 
Provided, That either of the parties shall have the right to appeal Right of ap- 
to the State Board of Examiners, and said appeal shall be made 
through the County Board of Examiners in writing, and shall dis- 
tinctly set forth the question in dispute, the decision of the County 
Board and the testimony as agreed upon by the parties to the con- 
troversy, or, if they fail to agree, upon the testimony as reported 
by the County Board. 

Sec. 33. That it shall be the duty of each County Board of 
Examiners to divide their County into convenient school districts CountVinto 
for all purposes connected with the general interests of education, sch ° o1 di stncta 
and redistrict the same, whenever in their judgment the general 
good requires it : Provided, That the present division of the County 
into school districts shall continue until altered by the said Board. 
And every school district organized in pursuance of this Act shall 
be a body politic and corporate, by the name and style of School 



12 



County Board 
of Examiners 
to appoint 
School Trus- 
tees. 



District No. , (such a number as may be designated by the 
County Board of Examiners,) of County, (the name of 

the County in which the district is situated,) State of South Caro- 
lina, aud in that name may sue and be sued, and be capable of con- 
tracting and being contracted with to the extent of the funds in 
their possession, and holding such real and personal estate as it may 
come into possession of by will or otherwise, or as is authorized to 
be purchased by the provisions of this Act, all of which shall be 
used exclusively for school purposes. Each school district shall be 
confined to the management and control of the Board of School 
Trustees hereinafter provided for. 

Sec. 34. That it shall be the duty of each County Board of 
Examiners to appoint for each and every school district in their 
County three School Trustees, who shall hold their office for two 
years, and until their successors may be appointed, unless sooner 
removed by the County Board of Examiners, whose duty shall be 
as hereinafter prescribed ; and the County Board of Examiners 
shall have power to fill, from time to time, all vacancies which may 
occur in their respective school districts in Boards of School Trus- 
tees in their County. 

Sec. 35. That it shall be the duty of the said Trustees to meet 

as a Board as soon and often as practicable after having been 

appointed and qualified, at such place as may be most convenient in 

the district, and at their first meeting they shall organize by appoiut- 

Clerk to be j Q „ one () f their number Clerk of the Board, who shall preside at 

appointed. ° r 

the official meetings of the Trustees and shall record their pro- 
ceedings in a book provided for that purpose. Each member of 
the Board of Trustees shall be duly notified of all meetings by the 
Clerk of the Board. 

Sec. 36. That it shall be the duty of the Board of Trustees in 
each school district to take the management and control of the 
local educational interest of the same, subject to the supervision of 
the County Board of Examiners, and to visit each school at least 
once in every school term. 

Sec. 37. It shall be the duty of the Board of Trustees to hold a 
regular session in their school district at least two weeks before the 
commencement of any or every school term for the transaction of 
any and all business necessary to the prosperity of the schools, with 
power to adjourn from time to time and to hold special meetings at 
any time or place, when called upon by the Chairman or any two 
members of the Board. 



ButyofTrus 
tees. 



To hold regu- 
lar session. 



13 



Sec. 38. That besides the duties and powers prescribed in other Authority 
portions of this^Act, the Boards of Trustees shall have authority ties of Board 
aud it shall be their duty: 

1st. To provide suitable school houses in their districts and to 
make the same comfortable, paying due regard to any school house 
already built, or site procured, as well as to all other circumstances 
proper to be considered so as best to promote the educational inter- 
est of their district. 

2d. To employ teachers from those having certificates from their 
County Board of Examiners, or from the State Board of Exam- 
iners, or of the City Board of Commissioners of Charleston, and to 
discharge the same when good and sufficient reasons for so doing 
present themselves. 

3d. To suspend or dismiss pupils when the prosperity and 
efficiency of the schools make it necessary. 

4th. To call meetings of the people of the district for consultation 
in regard to the school interests thereof; at which meetings the 
Chairman or some other member of the Board shall preside if 
present. 

5th. To take care of, manage and control the school property 
of the district. 

6th. To visit the free public schools within their district from time 
to time, and to take care that they are conducted according to law 
and with the utmost efficiency. 

Sec. 39. That when it shall so happen that persons are so 
situated as to be better accommodated at the school of any adjoin- 
ing school district, or whenever it may be desirable to establish a 
school composed of parts of two or more school districts, it shall 
be the duty of the respective Boards of Trustees of the school 
districts in which such persons reside or in which such schools may 
be situated, or of the school districts or the parts of which the 
school is to be composed, to transfer such persons for education to 
the school district in which such school house is or may be located ; 
but the enumeration of scholars shall be taken in each district as 
if no such transfer had been made ; and such school, when so com- 
posed, shall be supported from the school funds of the respective 
school districts from which the scholars may have been transferred : 
Provided, That children shall not be transferred from a school 
district in one County to a school district in an adjoining County 
without the consent of the Boards of Examiners of the respective 
Counties in which the transfer is made. 



May transfer 
pupils. 



14 

c , . Sec. 40. That the school year shall begin annually on the first 

School year. J & « 

day of November, but each County Board of Examiners shall 
have power to limit the school term according to the school fund of 
their County, and to regulate the opening and closing of the schools 
in such manner as will best subserve the educational interest of 
different localities: Provided, That all contracts which Boards of 
Trustees may make in excess of the funds apportioned to their 
district shall be void. 
Teachers to ^ec. 41- That it shall be the duty of each school teacher to 
make report ma k e out an( j fii e w | tn t he Clerk of the Board of Trustees, at the 

and file with 

Clerk, expiration of each school month, a full and complete report of the 

whole number of scholars admitted to the school during each 
month, distinguishing between male and female, the average 
attendance, the branches taught, the number of pupils engaged in 
studying each of said branches, and such statistics as he or she 
may be required to make by the County School Commissioner: 
Provided, That whenever a teacher is unavoidably prevented from 
filing said report at the expiration of any school mouth, the Board 
of School Trustees may have authority to receive the report within 
a reasonable time thereafter, if, in their opinion, the reasons for 
the delay are good and sufficient. On the filing of the teacher's 
report and its approval by the Board of Trustees, their clerk shall 
draw an order in duplicate on the County Treasurer for the amount 
due such teacher, which order, if approved by the County School 
Commissioner, shall be countersigned by him and the duplicate 
filed in his office. 

Sec. 42. That it shall not be lawful for a County School Com- 
missioner to receive pay as a teacher of a free public school in his 
County, nor for a Trustee to receive pay as a teacher of a free 
public school in his school district. 
Members of Sec. 43. That members of the State Board of Examiners ap- 
Exiunhiersl 1 of pointed by the Governor, members of County Boards of Examiners 
of U Examim!rs appointed by the State Board of Examiners and members of the 
of Trastees a ex- Boards of Trustees shall be exempt from militia, jury and road 

empt from cer- (Jiity 
tain duties. *" 

Sec. 44. That the County Commissioners of each County are 

Commissioner authorized and required to furnish the School Commissioner of 

s!'lh iili' < '<Viii- their County with a comfortable and convenient office and suitable 

offiee? 1 etc. Wltb °ffi ce furniture, and to supply said office with fuel, lights, stationery, 

postage and such other incidentals as are necessary to the proper 

transaction of the legitimate business of his office. 



15 



Sec. 45. That the correctness and legality of all claims for ser- 
vices rendered in teaching in any of the schools of this State which 
are supported wholly or in part by the State, and all claims of every 
description whatsoever which are chargeable against the fund raised 
for the support of the free public schools of the State, shall be sworn 
to and subscribed by the person presenting said claim before it shall 
be approved by the person or persons authorized by law to give 
such approval. 

Sec. 46. That all School Trustees are hereby invested with the 
power, and required free of charge to administer oaths to persons 
presenting the claims contemplated by the preceding Section of 
this Act as fully to all intents and purposes as are all other persons 
who by the laws of this State are qualified to administer oaths. 

Sec. 47. That it is hereby declared to be unlawful for any County 
Treasurer, County Auditor, County School Commissioner or School 
Trustee to buy, discount or shave, directly or indirectly, or be in 
any way interested in any teachers' pay certificate or other order on 
the school fund, except such as are payable to him for his own ser- 
vices. 

Sec. 48. That if auy of the officers aforesaid shall violate the 
provisions of the foregoing Section of this Act he shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall pay a 
fine of not less than five hundred (500) dollars nor more than two 
thousand (12,000) dollars, to be used for school purposes in his 
County, and shall be imprisoned at the discretion of the Court, or 
either or both, and shall forfeit the amount of such claim or of his 
interest in such claim. 

Sec. 49. That the several County Treasurers shall retain all the 
poll tax collected in their respective Counties; and it is hereby 
made the duty of the said County Treasurers, in collecting the poll 
tax, to keep an account of the exact amount of said tax collected 
in each school district in his County; and the city of Charleston 
shall, for the purposes of this Section, be deemed a school district, 
and the County Treasurer shall pay over to the City Board of 
School Commissioners the amount of poll tax collected in said city; 
and the poll tax collected therein shall be expended for school pur- 
poses in the school district from which it was collected; and any 
violation of this Section by the County Treasurers shall constitute, 
and is hereby declared, a misdemeanor, and, on conviction thereof, 
the said County Treasurer shall pay a fine of not less than five 
hundred (500) dollars nor more than five thousand (5,000) dollars, 
to be used for school purposes in the County suffering from such 
violation, or imprisonment in the discretion of the Court. 



Claims shall 
be sworn to. 



Oath to be 
administered 
free of charge. 



Certain offi- 
cers not to 
hold interest 
in school 
claims. 



Officers liable 
to fine. 



Treasurers to 
retain poll tax. 



Treasurer neg- 
lecting duty 
liable to fine. 



16 



County Trea- 
surer to report 
collections and 
disbursements 
of poll tax. 



Moneys 
V>fi id. 



how 



Treasurer to 
m a K e state- 
ment. 



Member of 
County Board 
of Examiners 
and Boards of 
Trustees not to 
discharge du- 
ties after suc- 
cessor is ap- 
poin ted. 



Co inniission- 
er of Charles- 
ton County. 



Sec 50. That it shall be the duty of each County Treasurer to 
report monthly, on the fifteenth day of each month, to the County 
School Commissioner of his County, the amount of collections and 
disbursements made by him for the month on account of poll tax 
and all other school funds; and it shall be a misdemeanor on the 
part of any County Treasurer to neglect, fail or refuse to make 
such report, and on conviction thereof he shall pay a fine of not 
less than five hundred (500) dollars, the same to be used for school 
purposes in his County. 

Sec. 51. That all moneys disbursed by any County Treasurer on 
account of school funds or taxes or poll tax shall be paid on the 
orders of Boards of School Trustees, countersigned by the County 
School Commissioner. 

Sec. 52. That each County Treasurer shall make out and forward 
to the State Superintendent of Education, annually, on the first day 
of November a certified statement showing (by school districts) the 
amount of poll tax and the amount of all other school taxes col- 
lected by him for the fiscal year ending on the olst of October next 
preceding; and should any County Treasurer fail, neglect or refuse 
lo make and forward the statement as herein required, the State 
Superintendent of Education shall make a written complaint to the 
Circuit Solicitor for the County in which the said Treasurer resides, 
who shall prosecute the said County Treasurer for the same; and 
on conviction thereof he shall be subject to a fine of five hundred 
(500) dollars, the same to be used for free public school purposes in 
his County. 

Sec. 53. That if a member of any County Board of Examiners 
in any County of the State, or a Trustee of any school district, 
shall attempt to act or discharge the duties of either of said offices 
after he shall have been removed, or after his successor shall have 
qualified, he shall be deemed guilty of a misdemeanor, and, after 
conviction, be punished by fine of not less than one hundred and 
one dollars or imprisonment for not less than thirty-one days, or 
both, at the discretion of the Court. 

Sec. 54. That it shall be the duty of the School Commissioner 
of Charleston County to organize in all those districts outside of 
the city of Charleston formerly known as parishes a suitable num- 
ber of schools as soon as practicable after the passage of this Act. 
He shall also visit said schools as often as may be practicable 
during each year, and shall perform such other duties as are pre- 
scribed for County School Commissioners in this Act. 



17 



One School 
Commissioner 
to be elected 
by v o t e r s of 
each ward. 



Duty of said 
Board. 



Sec. 55. That the School Commissioner of the County of Charles- 
ton shall have jurisdiction only over the schools and all educational 
interests outside of the corporate limits of the city of Charleston. 

Sec. 56. At every general municipal election in the city of 
Charleston, one School Commissioner shall be elected by the legal 
voters of each ward, who shall continue in office until his successor 
is elected and qualified or shall refuse to qualify. The School Com- 
missioners so elected shall constitute a School Board, and they may 
assemble at anytime and elect a Chairman, a Clerk, a Superintend- 
ent of City Schools, whose terms of office, duties and compensation 
shall be prescribed by said Board ; but their terms of office shall 
not exceed that of the Board electing them. The said Board shall 
have the following powers and duties: 1. To discharge the same 
duties in the city which are required of School Trustees in the 
Counties. 2. To determine the studies aud class books to be used 
in the city schools, 3. To cause examinations to be made of teach- 
ers for the city schools. 4. To elect and dismiss teachers, prescribe 
their duties and term of office, and to make rules for the govern- 
ment of the schools. 5. To fill vacancies occurring in the Board 
by death, resignation, departure from the State or refusal to qualify; 
the said vacancies to be tilled from the same wards in which they 
occur. 6. To grant diplomas in the Normal School department, 
which shall entitle the parties holding the same to become teachers 
in the public schools. 7. To make an annual report to the Super- 
intendent of Education as to the city schools, as is required of Com- 
missioners of County schools. 8. To take in charge and keep in 
order all buildings and other property belonging to or used for the 
city. 9. For the purposes of this Act, and in order to carry into 
effect the amendment of the Constitution relating to the school tax, 
the city of Charleston shall be deemed a school district, and the 
City Treasurer shall annually levy and collect, at the same time as 
the city taxes, a tax of one (1) mill on the dollar on all the taxable ilctld. an ^ C ° 1_ 
property in the said city ; and the County Treasurer shall pay over 
to the City Treasurer the portion of the constitutional school tax and 
of the poll tax to which the Charleston school district is entitled ; and 
all the said taxes shall be in the city treasury as public money, pro- 
tected by the official bond of the City Treasurer, and shall be paid 
out on the warrant of the City Board of School Commissioners; 
the said amount to be applied to the support of the city schools, 
and the balance to the rebuilding of the school house destroyed by 
fire, and the repairs of that and other school buildings. The City 



To make an- 
nual report. 



Tax to be 



18 

Treasurer shall receive out of this fuud one thousand dollars annu- 
ally for all services in receiving and disbursing the school fund. 

Sec. 57. That all Acts and parts of Acts inconsistent with this 
Act be, aud the same are hereby, repealed. 

Sec. 58. That this Act shall take effect from its passage. 

Approved March 22, 1878. 



INDEX. 



A. 

PAGE 

ACT— 

to take effect from its passage 58, 18 

ACTS— 

inconsistent, repealed 57, 18 

c. 

CLERK— 

to Superintendent Education, to be clerk to State Board 

of Examiners 1, 3 

to Superintendent Education, salary of 17, 7 

of Board of Trustees to draw orders for teachers' pay 41, 14 

CERTIFICATES OF QUALIFICATION— 

granted by State Board to be valid for two years 6, 4 

CHARLESTON CITY— 

special provisions relating to 56, 17 

COUNTY BOARDS OF EXAMINERS— 

how appointed 30, 10 

School Commissioner to be Chairman 30, 10 

duties of. 29, 10 

term of office 30, 10-11 

to examine candidates 30, 10-11 

meetings of. 31, 11 

to have power to revoke certificates 31, 11 

to constitute advisory body 32, 11 

appeal from decision of. 32, 11 

to divide County into school districts ....33, 11 

to appoint trustees 34, 12 

to fill vacancies in Boards of Trustees.... 34, 12 

to have no interest in claims against County school fund. .47, 15 

penalty for same 48, 15 

penalty for attempting to discharge duties after removal. ..53, 16 



2 INDEX. 

PAGE 

COUNTY COMMISSIONERS— 

to furnish School Commissioners with office and pay inci- 
dental expenses 44, 14 

COUNTY TREASURERS— 

to report to Superintendent of Education 52, 16 

penalty for failing to report 52, 16 

to report to School Commissioner 50, 16 

penalty for failing to report 50, 16 

to retain poll tax 49, 15 

to keep account of amount collected in each district 49, 15 

P. 

POLL TAX— 

County Treasurer to retain 49, 15 

in Charleston city, mode of applying same 49, 15 

PENALTY— 

for failure to comply with law relating to poll tax 50, 16 

s. 

SCHOOL FUND— 

claims against, to be sworn to 45, 15 

money, on account of, to be paid on order of Board of 

Trustees 51, 16 

SCHOOL DISTRICT— 

to be a body corporate 33, 11 

to be controlled by Board of Trustees 33, 12 

SCHOOL YEAR- 

beginning of. 40, 14 

to be limited by the County Board of Examiners 40, 14 

SCHOOL TEACHERS— 

how appoi n ted 38, 1 3 

to file reports 41, 14 

SCHOOLS, PUBLIC— 

branches taught in 29, 10 



INDEX. 3 

PAGE 

STATE BOARD OF EXAMINERS— 

how appointed..... 1, 3 

meetings of. 2, 3 

majority to constitute a quorum 2, 3 

official seal 3, 3 

to constitute advisory board 4, 4 

powers of. 5, 4 

to grant certificates of qualification 6, 4 

meetings of, to be advertised 6, 4 

members of, exempt from certain duties 43, 14 

STATE SUPERINTENDENT OF EDUCATION— 

how elected 7, 5 

bond of 8, 5 

oath of. 8, 5 

compensation of. 9, 5 

powers and duties of . 10, 5 

to be Chairman of State Board of Examiners 1, 3 

to secure uniformity of text books 11, 5 

to forbid sectarian or partisan instruction 11, 5 

to prepare blank forms „ 12, 5 

to cause school law to be printed 12, 5 

to collect books, etc 13, 6 

to certify official acts 14, 6 

to submit report of official visits 15, 6 

to make annual report 16, 6 

allowed clerk hire 17, 7 

to hold in trust gifts, etc , 18, 7 

to pay same to State Treasurer 18, 7 

to discharge other duties 19, 7 

to deliver official records to his successor in office 19, 7 

vacancy in office of, how filled 20, 8 

STATE TREASURER - 

to invest funds derived from gifts, etc 18, 7 

to be responsible for same 18, 7 

SCHOOL COMMISSIONERS— 

how elected ..21, 8 

to give bond ..21, 8 

to subscribe oath 22, 8 

vacancy in office of. 22, 8 



4 INDEX, 

PAGE 

SCHOOL COMMISSIONERS— 

duties of. 23, 8-9 

to make report. 24, 9 

penalty for neglect of same 25, 9 

to obey State Superintendent of Education 26, 9 

to transmit supplies to teachers 26, 9 

to apportion school fund 27, 9 

to certify apportionment to County Treasurer 27, 9 

compensation of. 28, 9-10 

accounts of, to be audited 28, 10 

number of days for which compensation to be allowed 28, 10 

to countersign teachers' pay certificates... 41, 14 

not to receive pay as a teacher in his County 42, 14 

to countersign orders on school fund 51, 16 

SCHOOL COMMISSIONER, CHARLESTON COUNTY— 

duties of. 54, 16 

to have no jurisdiction in Charleston city 54, 16 

SCHOOL TRUSTEES— 

how appoi n ted 34, 1 2 

may hold gifts, &c 18, 7 

may apply same 18, 7 

to give bond 18, 7 

to control school property within their districts 18, 7 

duties of. 29, 35, 10-12 

term of office 34, 12 

to control local educational interests 36, 12 

to visit schools 36, 12 

meetings of. 37, 12 

to provide school houses 38, 13 

to employ teachers 38, 13 

to suspend or dismiss pupils 38, 13 

to call meetings 38, 13 

to conduct schools according to law 38, 13 

to manage school property 38, 13 

required to administer oath 46, 15 

to have no interest in claims against school fund 47, 15 

penalty for violation of same 48, 15 

penalty for discharging duties after removal 53, 16 



INDEX. 



PAGE 



SCHOOL TRUSTEES, BOARDS OF— 

may transfer pupils 39 13 

may receive teachers' 'report within a reasonable time 

after expiration of month 41, 14 

members of, exempt from certain duties 43, 14 

members of, not to receive pay as a teacher in his district..42, 14 




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